RAJKUMARI R GOENKA Vs. STOCK EXCHANGE BOMBAY

JUDGEMENT

(1.) HEARD. The petitioners are seeking to quash the order/communication dated 6th February, 2004 issued by the respondent No.1 and for the directions to the respondent Nos.1 to 4 to issue no objection certificate in favour of the petitioners for effective transfer of the membership right by the petitioners in favour of his nominee.

(2.) THE facts relevant for the decision in the matter are that one Shri Chiranjilal Goenka was a member of the respondent No.1. He expired on 24th November, 1985 leaving behind him 2 daughters viz. respondent Nos.2 and 3 and the original petitioner R.C. Goenka as the adopted son. Said R.C. Goenka expired on 15th August, 2006 during the pendency of this petition and consequently his legal representatives were brought on record as the present petitioners.

(3.) THE respondent No.2 initiated various litigations while contending that the original petitioner was not adopted son of late C.S. Goenka. In one of such matters, which came up before the Apex Court, by a consent order dated 1st November, 1991, an arbitrator was appointed to decide as to who was the legal heir or legal heirs to the estate of C.S. Goenka. THE Arbitrator so appointed by the Apex Court delivered his award on 16th June, 2000 holding that the original petitioner was adopted son of late C.S. Goenka and was the sole legal heir to the estate of C.S. Goenka. THE respondent No.2 challenged the said award before the Apex Court and in the course of hearing of the matter conceded that the original plaintiff was adopted son of late C.S. Goenka. While recording the said admission made on behalf of the respondent No.2, the Apex Court held that the respondent No.2 is the legal heir to the estate of late C.S. Goenka.